Supreme Court Converts Murder Conviction to Culpable Homicide, Citing Absence of Intention to Kill
Shivaji Rathore 08-01-2025
The Supreme Court of India, converted the conviction of an appellant from murder under Section 302 of the Indian Penal Code (IPC) to culpable homicide not amounting to murder under Section 304 Part I, IPC, holding that although the accused had knowledge that his act was likely to cause death, there was no intention to kill.
The judgment was delivered by a Bench comprising Justice K. Vinod Chandran and Justice N. V. Anjaria, in an appeal arising out of a 1998 incident from Ahmedabad.
Background of the Case
The case related to an altercation that escalated on the night of June 13, 1998. Following a quarrel, the appellant went to the residence of the deceased, Louis Williams, hurled abuses, and inflicted stab injuries using a knife. The injured victim was immediately hospitalized and underwent medical treatment. However, he succumbed to septicemia 13 days later while under treatment. The Trial Court convicted the appellant under Section 302 IPC, which was later affirmed by the Gujarat High Court. Aggrieved by the conviction, the appellant approached the Supreme Court.
Supreme Court’s Reasoning
Allowing the appeal in part, the Supreme Court held that the facts of the case did not disclose premeditation or intention to cause death, which is a necessary ingredient for sustaining a conviction under Section 302 IPC. Justice N. V. Anjaria, authoring the judgment, observed that the incident occurred in the heat of the moment following an altercation. The Court noted:
Where the appellant went to the house of the deceased, started abusing him and ultimately assaulted him with a knife, there was an element of impulse, anger and self-provocation on the part of the appellant.”
The Bench emphasized the distinction between intention and knowledge, holding that while the appellant could be attributed with the knowledge that the injuries inflicted were likely to cause death, the absence of intention to kill brought the case outside the ambit of murder.
Reliance on Precedent
The Court extensively relied on its earlier decision in Kesar Singh & Anr. v. State of Haryana, reiterating the settled legal position that:
Culpable homicide is genus, murder is its specie. The culpable homicide, excluding the special characteristics of murder, would amount to culpable homicide not amounting to murder.”
Explaining the mental element required under Section 304 IPC, the Court clarified that: Section 304 Part I applies where there is intention to cause such bodily injury as is likely to cause death; Section 304 Part II applies where there is only knowledge that the act is likely to cause death, without intention.
Death Not Instantaneous: A Relevant Factor
Another crucial factor weighed by the Court was that the death of the deceased was not instantaneous. The victim survived for nearly two weeks after the assault and ultimately died due to septicemia.
The Court observed that this medical circumstance reinforced the inference that the appellant acted with knowledge but without intention to cause death.
Final Order
Accordingly, the Supreme Court: Set aside the conviction under Section 302 IPC; Converted the conviction to Section 304 Part I IPC; Held that the 14 years of imprisonment already undergone by the appellant was sufficient to meet the ends of justice; and Discharged the appellant’s bail bonds.
The appeal was thus allowed to the above extent.
Case Title
Nandkumar @ Nandu Manilal Mudaliar v. State of Gujarat
Criminal Appeal No. 1266 of 2014
Decided on November 10, 2025
